Intellectual Property Law Commons^™

Brief Of Public Knowledge, The Electronic Frontier Foundation, Engine Advocacy, And The R Street Institute As Amici Curiae In Support Of Respondents, Charles Duan

Amicus Briefs & Court Filings

Where Congress places conditions upon the patent grant in furtherance of the public interest in individual liberty, Congress acts at the apex of its powers under the Constitution. Inter partes review is a legislative condition on the patent grant, designed for an innovative modern world, specifically crafted to dispose of erroneously issued patents that burden the public. It is the traditional place of Congress to make these balanced political judgments, and Article III poses no barrier to Congress executing its Article I obligation to protect the public by limiting patents.

The Nature Of Sequential Innovation, Christopher Buccafusco, Stefan Bechtold, Christopher Jon Sprigman

William & Mary Law Review

When creators and innovators take up a new task, they face a world of existing creative works, inventions, and ideas, some of which are governed by intellectual property (IP) rights. This presents a choice: Should the creator pay to license those rights? Or, alternatively, should the creator undertake to innovate around them? Our Article formulates this “build on/build around decision” as the fundamental feature of sequential creativity, and it maps a number of factors—some legal, some contextual—that affect how creators are likely to decide between building on existing IP or building around it. Importantly, creators are influenced by more than …

Pleading Patent Infringement: Res Ipsa Loquitur As A Guide, Andrew L. Milam

William & Mary Law Review

No abstract provided.

Uninformative Patents, Sean B. Seymore

Vanderbilt Law School Faculty Publications

It is a bedrock principle of patent law that an inventor need not know or understand how or why an invention works. The patent statute simply requires that the inventor explain how to make and use the invention. But explaining how to make and use something without understanding how or why it works yields patents with uninformative disclosures. Their teaching function is limited; someone who wants to understand or figure out the underlying scientific principles must turn elsewhere. This limited disclosure rule does not align with the norms of science and tends to make patent documents a less robust form …

A Spatial Critique Of Intellectual Property Law And Policy, Peter K. Yu

Faculty Scholarship

Although geography has had an important and lasting impact on the development of intellectual property law and policy, at both the domestic and international levels, geographical perspectives and spatial analysis have thus far not attracted much attention from policymakers and commentators. Only recently have we seen greater linkage between these two undeniably connected fields. Even with such linkage, the discussion tends to focus narrowly on specific issues, such as the parallel importation of pharmaceuticals, the protection of geographical indications and the treatment of traditional knowledge and traditional cultural expressions.

This article aims to provide a systematic analysis of the linkage …

The Struggle Over Webcasting--Where Is The Stream Carrying Us?, Susan A. Russell

Oklahoma Journal of Law and Technology

No abstract provided.

Balancing The Crucible: The Revolving Conflict Between Fair Use And Corporate Use In The Battle To Control Domain Names, Stacey Knapp

Oklahoma Journal of Law and Technology

No abstract provided.

Shifting The Burden To Internet Service Providers: The Validity Of Subpoena Power Under The Digital Millennium Copyright Act, Matt Sellers

Oklahoma Journal of Law and Technology

No abstract provided.

Dastar V. Twentieth Century Fox--One Can't Get Back By Trademark What One Gave Up Under Copyright, Sue Mota

Oklahoma Journal of Law and Technology

No abstract provided.

Are Patents Really Limited To 20 Years?, Melody Wriz

Oklahoma Journal of Law and Technology

No abstract provided.

The On-Sale Bar After Pfaff, William E. Hickman, Michelle Saquet Temple

Oklahoma Journal of Law and Technology

No abstract provided.

Attorney-Client Privilege In Patent Litigation: In Re Spalding Sports Worldwide, Matt Rodgers

Oklahoma Journal of Law and Technology

No abstract provided.

Plant Variety In The Republic Of Korea: Seed Industry Law, Yoonjin Buyn

Oklahoma Journal of Law and Technology

No abstract provided.

The European Patent Office And The European Patent: An Open Avenue For Biotechnologists And "Living Inventions", Katrina Mcclatchey

Oklahoma Journal of Law and Technology

No abstract provided.

Agricultural Biogechnology: United States Statutory Law, Jo Lynn Jeter

Oklahoma Journal of Law and Technology

No abstract provided.

The International Treaty On Plant Genetic Resources For Food And Agriculture: Friend Of The International Farmer, Steven M. Ruby

Oklahoma Journal of Law and Technology

No abstract provided.

The Effect Of The "Onco-Mouse" Decisions On The Exception To Patentability For "Animal Varieties" Under The European Patent Convention, Katrina Mcclatchey

Oklahoma Journal of Law and Technology

No abstract provided.

The Impact Of Novartis On The European Patent Convention's Exception To Patentability For "Plant Varieties", Katrina Mcclatchey

Oklahoma Journal of Law and Technology

No abstract provided.

Agricultural Biotechnology: U.S. Policy Regarding Patent Applications, Jo Lynn Jeter

Oklahoma Journal of Law and Technology

No abstract provided.

The Upov System Of Protection: How To Bridge The Gap Between 1961 And 1991 In Regard To Breeders' Rights, Steven M. Ruby

Oklahoma Journal of Law and Technology

No abstract provided.

International Patent Treaties: An Attempt To Make Intellectual Property Rights In Living Matter More User-Friendly, Steven M. Ruby

Oklahoma Journal of Law and Technology

No abstract provided.

Applying The Patents Act To Living Materials In India, Robyn Ott

Oklahoma Journal of Law and Technology

No abstract provided.

Patentability Of Plants, Animals And Microorganisms In India, Robyn Ott

Oklahoma Journal of Law and Technology

No abstract provided.

Agricultural Biotechnology: United States Case Law, Jo Lynn Jeter

Oklahoma Journal of Law and Technology

No abstract provided.

Protection Of Plant Varieties And The Farmer's Rights Act, Robyn Ott

Oklahoma Journal of Law and Technology

No abstract provided.

Piracy On Peer-To-Peer File Sharing Networks: Why A Streamlined Online Dispute Resolution System Should Not Be Forgotten In The Shadow Of A Federal Small Claims Tribunal, Naomi Gemmell

Pepperdine Dispute Resolution Law Journal

This Article proposes application of an ADR system for resolving online copyright disputes related to P2P file sharing. Section II provides an overview of P2P file sharing networks and associated copyright infringement. Section III explores current approaches that fall short in resolving P2P copyright disputes, namely the Digital Millennium Copyright Act, litigation, and private agreements. Section IV examines the two primary proposed solutions to online copyright disputes: alternative dispute resolution and federal small claims. Section V recommends that a streamlined online dispute resolution system is necessary (even if a federal small claims tribunal is adopted), and concludes.

Use Of Mediation To Recover Rights To Our Genes, Rachel Albert

Pepperdine Dispute Resolution Law Journal

No abstract provided.

Brief Of Amici Curiae On Behalf Of Intellectual Property Professors In Support Of Appellant And In Support Of Reversal, Mark Mckenna, Rebecca Tushnet, Samuel R. Bagenstos

Court Briefs

Oral Argument Not Yet Scheduled

No. 17-7035 (Lead Case), 17-7039
American Society for Testing Materials v. Public.Resources.Org, Inc.

On Appeal from the United States District Court for the District of Columbia

From the Summary of Argument

ASTM’s fundamental complaint is about unauthorized use of its intangible content—the standards for which it claims copyright ownership. Dastar unambiguously holds, however, that only confusion regarding the source of physical goods is actionable under the Lanham Act; confusion regarding the authorship of the standards or their authorization is not actionable. ASTM cannot avoid Dastar just because Public Resource creates digital copies of those standards. …

Toward A Direct Functional Relationship Requirement For Claims To Software Encoded On A Computer-Readable Storage Medium: Rethinking In Re Beauregard In Response To The Uspto's Interim Guidelines Regarding The Patentability Of Data Signal Claims, Elizabeth A. Richardson

Oklahoma Journal of Law and Technology

No abstract provided.

Reforming The Patent System: A Closer Look At Proposed Legislation, D. Ward Hobson Jr.

Oklahoma Journal of Law and Technology

No abstract provided.